Remedies for Government Liability: Beyond Administrative Law

Abstract

While convenient for law schools, the artificial division of causes of action into categories of ‘public’ and ‘private’ law tends to obscure more than it reveals. One area in which this lack of nuance is particularly apparent is in the context of remedies against government. The ability to challenge the exercise of government power extends far beyond the reach of administrative law and may feature in various ways in human rights cases, contract, equity and tort. Claimants also need to be prepared to look beyond the law, as remedies against government may be located in non-legal accountability mechanisms such as ombudsmen regimes, investigatory agencies and discretionary compensation schemes. Building a complete picture of remedies for government liability requires a detailed understanding of how these various legal and non-legal claims operate against government. Show more